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TMI Blog2023 (10) TMI 946X X X X Extracts X X X X X X X X Extracts X X X X ..... present petition, the petitioners are assailing the order dated 03.09.2021 passed by respondent no.5 and the order dated 28.07.2023 passed by respondent no. 4. 4. With the consent of learned counsel for the parties, the present writ petition is disposed of without exchanging of affidavits as the first appellate authority has rejected the appeal without assigning any reason. 5. Learned counsel for the petitioners submits that the registration has been cancelled to which neither any information nor the cancellation order was ever served upon the petitioner(s). He further submits that when the petitioners came to know about the said fact from its banker i.e. H.D.F.C. Bank that his account has been freezed by the order of the respondent-Assis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of Namo Narayan Singh (supra), on an identical sets of fact, in para Nos. 9, 10, 11, 12, 13, 14 & 15 has held as under:- "9. An order without valid reasons cannot be sustained. To give reasons is the rule of natural justice, highlighting this rule, Hon'ble Supreme Court held in the case of The Secretary & Curator, Victoria Memorial v. Howrah Ganatantrik Nagrik Samity and ors., JT 2010(2)SC 566 para 31 to 33 as under : "31. It is a settled legal proposition that not only administrative but also judicial order must be supported by reasons, recorded in it. Thus, while deciding an issue, the Court is bound to give reasons for its conclusion. It is the duty and obligation on the part of the Court to record reasons while dispo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T.C. Vs. Jagdish Prasad Gupta AIR 2009 SC 2328; Ram Phal Vs. State of Haryana & Ors. (2009) 3 SCC 258; Mohammed Yusuf Vs. Faij Mohammad & Ors. (2009) 3 SCC 513; and State of Himachal Pradesh Vs. Sada Ram & Anr. (2009) 4 SCC 422]. 33. Thus, it is evident that the recording of reasons is principle of natural justice and every judicial order must be supported by reasons recorded in writing. It ensures transparency and fairness in decision making. The person who is adversely affected may know, as why his application has been rejected. (Emphasis supplied) 10. Further, Hon'ble Supreme Court in the case of Chandana Impex Pvt. Ltd. Vs. Commissioner of Customs, New Delhi, 2011(269)E.L.T. 433 (S.C.)(para 8) held as under : "8. Having besto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade;......." 11. Following this very view, the Supreme Court in State of Rajasthan v. Rajendra Prasad Jain, (2008)15 SSC 711 stated that 'reason is the heartbeat of every conclusion, and without the same it becomes lifeless. 12. Providing of reasons in orders is of essence in judicial proceedings. Every litigant who approaches the Court with a prayer is entitled to know the reasons for acceptance or rejection of such request. Either of the parties to the lis has a right of appeal and, therefore, it is essential for them to know the considered opinion of the Court to make the remedy of appeal meaningful. 13. It is the reasoning which ultimately culminates into final decision which may be subject to examination of the appellate or o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pass a fresh reasoned and speaking order in accordance with law, expeditiously, preferably within a period of two months from the date of production of a certified copy of this order, after affording reasonable opportunities of hearing to the parties concerned." 11. Looking to the facts and on perusal of the above-quoted judgment, it is clear that the facts of the present case is squarely covered in the aforesaid judgment, hence the impugned orders cannot sustain. 12. The writ petition is allowed. The matter is remitted back to the the first appellate authority who shall pass a fresh reasoned and speaking order in accordance with law, expeditiously, preferably within a period of two months from the date of production of a certified copy o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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